No. 05-1876
In Re:
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (CA-05-438-JCC-1; BC-04-11503; AP-04-1196)
Submitted:
March 8, 2006
Decided:
PER CURIAM:
This appeal arises from a Chapter 11 bankruptcy proceeding in
which James Lehner and Suzanne Lehner, the putative owners of the
debtor corporation, United Refuse, LLC (United Refuse), were
directed to convey legal title of United Refuse to its creditor,
United Leasing Corporation (ULC). Dissatisfied with that result,
the Lehners sought to appeal.
Refuse
and
ULC
to
dismiss
the
bankruptcy
appeal,
the
United
jurisdiction.
Refuse
and
dismissed
the
matter
for
lack
of
I.
The underlying factual dispute in this bankruptcy appeal
pertains to the Lehners ownership interests in United Refuse.1
On
J.A. 104.
Suzanne
Lehner,
and
Edward
Shield,
the
controlling
shareholder of ULC.
Following a trial, the bankruptcy court held a hearing on
March 14, 2005, and announced that the Lehners only held legal
title to United Refuse for the benefit of ULC and directed the
Lehners to execute such documents as necessary to convey legal
title to [ULC] which is the sole beneficial owner . . . .
45; J.A. 5.
J.A.
were present, that you have heard the judgment of the Court and
you have heard your counsel.
74.
bankruptcy
That
same
memorializing
the
day,
the
above-made
findings
court
and
issued
stating
an
J.A.
order
that,
in
J.A. 6.
the
brief
challenged
the
bankruptcy
courts
determination that the Lehners only held bare legal title for the
benefit of ULC.
That same day, counsel for United Refuse and ULC executed a
joint
stipulation
dismissing
the
bankruptcy
appeal.
The
an
action
on
behalf
of
United
Refuse.
J.A.
95.
II.
A.
The Lehners first challenge the district courts dismissal of
the bankruptcy appeal based on lack of subject matter jurisdiction.
Specifically,
the
Lehners
assert
that
the
notice
of
appeal
In dismissing the
For
court.
1.
We apply de novo review to the district courts dismissal of
the bankruptcy appeal for lack of subject matter jurisdiction. See
Welch v. United States, 409 F.3d 646, 650 (4th Cir. 2005).
2.
This appeal causes us to consider two distinct procedural
rules governing the sufficiency of notices of appeal: Federal Rule
of Bankruptcy Procedure 8001(a), which specifically governs notices
As
The
considerable
overlap
between
the
two
rules
raises
the
rules
themselves
provide
little
insight
into
that
whereas
Rule
3(c)
directs
appellants
to
specify
See
id. (holding that Rule 8001(a), rather than Rule 3(c), applies to
notices of appeal from bankruptcy court decisions); In re Cascade
Roads, Inc., 34 F.3d 756, 761 (9th Cir. 1994) (holding that Rule
8001(a),
not
Rule
3(c),
applies
to
notices
of
appeal
from
the
pre-1993
Amendments
version
of
Rule
3(c)
in
10
32 F.3d
flies in the face of the uncontested facts that (1) the Lehners had
been originally named as counterclaim defendants in the underlying
bankruptcy proceeding; and (2) they executed a stipulation, which
bound them to the bankruptcys ultimate determination of the
ownership of United Refuse--the very issue they now seek to raise
on appeal.
J.A.
Moreover, the
can
the
Lehners
seek
refuge
in
Rule
3(c)
and
its
Cf.
was
sufficient
to
satisfy
Rule
3(c));
see
also
13
appeal).
specified
themselves
as
appellants,
or
that
it
was
In
effect, the Lehners request this Court to infer that they were the
real parties in interest for the purposes of the appeal.
We
the
Seventh
Circuit
has
observed,
not
all
parties
to
We further conclude
B.
The Lehners alternatively assert that the district court
abused
its
discretion
in
denying
their
motion
to
substitute
The
We perceive no
States, 368 F.3d 1271, 1273 (10th Cir. 2004) (internal citations
omitted).
2.
Rule 17(a) of the Federal Rules of Civil Procedure provides,
in relevant part:
No action shall be dismissed on the ground that it is not
prosecuted in the name of the real party in interest
15
In re Wallace and Gale Co., 385 F.3d 820, 835 (4th Cir.
waiver
of
circumstances).
that
argument
on
appeal
absent
exceptional
III.
The district courts dismissal of the bankruptcy appeal and
denial of the motion to substitute parties is affirmed in its
entirety.
AFFIRMED
16